Ehsanipour

Basic Modular Facilities, Inc. v. Ehsanipour

Good Law
1999 Cal. App. LEXIS 294·70 Cal. App. 4th 1480·83 Cal. Rptr. 2d 462·99 Daily Journal DAR 3077·99 Cal. Daily Op. Serv. 2372
Court of Appeal of CaliforniaMarch 31, 1999A081358California1,727 words

Opinion

Opinion

Haning, J.

J.Plaintiff/appellant Basic Modular Facilities, Inc., appeals an order removing a mechanics’ lien from property owned by defendant/respondent Keihan Ala Ehsanipour.

Background

In May 1996 appellant, a licensed contractor, entered into a written contract for improvements on respondent’s property for a total contract price of $151,839. Following two change orders the final contract price was $154,884. Respondent paid appellant $137,092 under the contract, leaving a balance of $17,792.

On January 27, 1997, appellant recorded a mechanics’ lien for $18,192 against respondent’s property, but continued to work thereon until February 28, 1997. On April 17, 1997, appellant sent respondent a demand letter and billing statement seeking $245,299 as: (1) past due billings of $18,192 plus $709 in interest; (2) “extended over-head” from August 17 to December 24, 1996, of $18,891; (3) “additional work directed/required by [respondent]” of $24,319; and (4) “additional billing incurred resulting from delays/interference from [respondent]” of $183,188. Of the $183,188 amount, $24,841 represented additional subcontractor costs, and $121,710 represented the labor appellant provided. The…

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